A 242
[Subsidiary]
(Cap. 136.)
(Cap. 22.)
(1894 c. 60.)
(Cap. 22.)
First Schedule.
CAP. 41 The Rules of the Supreme Court-Order 62 [1988 Ed.
(5) Nothing in the foregoing provisions of this rule shall prejudice a solicitor's lien for costs.
(6) Where in any proceedings to which this rule applies directions given by the Court under Order 80, rule 12 provide for the transfer or payment of money to or into a District Court and for the payment to the solicitor of any plaintiff in the proceedings of an amount in respect of costs out of the money so transferred or paid, the taxing master by whom those costs are taxed shall send a copy of his certificate to the registrar of the District Court.
(7) The foregoing provisions of this rule shall apply in relation
(a) a counterclaim by or on behalf of a person who is a minor or a mentally disordered person within the meaning of the Mental Health Ordinance and a counterclaim consisting of or including a claim under the Fatal Accidents Ordinance by or on behalf of the widow of the man whose death gave rise to the claim; and
(b) a claim made by or on behalf of a person who is a minor or a mentally disordered person as aforesaid in an action by any other person for relief under section 504 of the Merchant Shipping Act, 1894, and a claim consisting of or including a claim under the Fatal Accidents Ordinance made by or on behalf of that widow in such an action,
as if for references to a plaintiff there were substituted references to a defendant.
Costs payable to a trustee out of the trust funds, etc. (O. 62, r. 31)
31. (1) This rule applies to every taxation of the costs which a person who is or has been a party to any proceedings in the capacity of trustee or personal representative is entitled to be paid out of any fund which he holds in that capacity.
(2) On any taxation to which this rule applies, no costs shall be disallowed except in so far as those costs or any part of their amount should not, in accordance with the duty of the trustee or personal representative as such, have been incurred or paid, and should for that reason be borne by him personally.
Scales of costs (O. 62, r. 32)
32. (1) Subject to the foregoing rules and the following provisions of this rule, the scale of costs contained in the First Schedule of this Order, together with the notes and general provisions contained in that Schedule, shall apply to the taxation of all costs incurred in relation to contentious business done after the commencement of these rules.
(2) On a taxation in relation to which rule 29 or rule 31(2) has effect and in other special cases costs may at the discretion of the taxing master be allowed